PARVEZ AHMAD Vs. DISTRICT JUDGE, BALRAMPUR AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner.

(2.) The petitioner is aggrieved by the order dated 13.05.2013 passed by the opposite party no.1-learned District Judge, Balrampur, in Civil Revision No.64 of 2013 arising out of proceedings on Regular Suit No.499 of 1996 (Parvez Ahmad Vs. Mahiuddin and Others), still pending disposal before the learned Trial Court.

(3.) It has been submitted by the learned counsel for the petitioner that the petitioner had filed a Regular Suit for permanent injunction against the opposite party nos.3 to 10 in the Court of Civil Judge (Senior Division), Balrampur, for permanent injunction. During the pendency of the case, the petitioner moved an application for amendment of the plaint for adding relief of declaration as well as for adding the pedigree of the parties. The amendments were such as would not change the nature of the dispute being considered by the learned Trial Court. Learned Trial Court invited objections on the said application and then rejected the same by its order dated 12.10.2010 by observing that the nature of the Suit is going to be changed and therefore, the amendment cannot be allowed.